CRITICAL EXAMINATION OF THE LEGAL AND PRACTICAL CHALLENGES ON THE USE OF WITNESS STATEMENTS IN CIVIL CASES IN TANZANIA.

Abstract

Traditionally, the common law (which is an adversarial legal system) requires a witness to appear physically before the court and adduce his evidence viva voce. However, another approach has been recently developed whereby a witness may give his/her evidence through a witness statement. However, this approach – which aims at accelerating justice, seems to be favorable for complex cases, such as commercial disputes, arbitral proceedings and election petitions – is not free from challenges.

Thus, the purpose of this paper is to examine practical and legal challenges relating to the use of witness statements in civil proceedings in Mainland Tanzania. Apart from some lacunae in the legal framework (like not providing a room to rectify the witness statement already filed in the court), determination of the actual time for filing a witness statement is among the challenges noted in this paper. As such, the paper recommends, among others, for the amendment and harmonization of laws and rules governing witness statements in Mainland Tanzania.